WORLD TRADE  
ORGANIZATION  G/SPS/GEN/781 
15 June 2007 
 (07-2523) 
Committee on Sanitary a nd Phytosanitary Measures  
  
 
AD HOC CONSULTATIONS AND RESOLUTION OF TRADE CONCERNS 
 
Note by the Secretariat
1 
  I. INTRODUCTION 
1. Among the issues raised in the Second Review of the Operation and Implementation of the 
SPS Agreement was the use of ad hoc consultations, as well as of specific trade concerns.  This paper 
summarizes the main proposals that  have been made in this regard in the context of the Second 
Review, and provides some background information regarding the manner in which these issues have 
been addressed to date. 
2. Article 12.2 of the SPS Agreement provides that: 
The Committee shall encourage and facilitate  ad hoc consultations or negotiations 
among Members on specific sanitary or phyt osanitary issues.  The Committee shall 
encourage the use of international sta ndards, guidelines or recommendations by all 
Members and, in this regard, shall sponsor  technical consultation and study with the 
objective of increasing coordination and in tegration between international and 
national systems and approaches for appr oving the use of food additives or for 
establishing tolerances for contaminants in foods, beverages or feedstuffs. 
3. The Committee has undertaken this  task in essentially three ways:  through a regular agenda 
item on specific trade concerns;  through agenda items on specific issues such as equivalence or 
private standards;  and through the development of a mechanism for using the Good Offices of the 
SPS Chairperson. 
II. SPECIFIC TRADE CONCERNS 
4. A substantial part of each meeting of the SPS Committee is devoted to the consideration of 
specific trade concerns raised by Members.  A cat alogue of these concerns is contained in document 
G/SPS/GEN/204 and revised annually.
2  The first part of the document contains a summary of the 
concerns raised, including the number of new issues raised each year, trade concerns by subject (food 
safety, animal health, plant protection or other), pa rticipation of Members in raising or supporting new 
trade concerns, the number of specific concerns fo r which a resolution has been reported, etc.  A 
complete list of the specific trade concerns, including the Member(s) raising the issue and the Member(s) maintaining the issue is also provided in  the first part of the document.  Each specific 
trade concern is given a unique identifying number. 
                                                     
 
1 This document has been prepared under the Secret ariat's own responsibility and is without prejudice 
to the positions of Members or to their rights or obligations under the WTO. 
2 The most recent revision, Revision 7, contains a ll specific trade concerns raised from 1995 through 
2006. G/SPS/GEN/781 
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  5. The Rules of Procedure of the Committee do not explicitly identify specific trade concerns, 
however the Committee has applied the procedure for matters relating to notifications also to the 
raising specific trade concerns at Committee meetin gs.  According to the Working Procedures of the 
Committee
3  
"Notice of meetings of the Committee and a dr aft agenda shall be issued at least 10 
days prior to the date of the meeting.  It shall be open to any Member to request, in 
writing to the Secretariat, the inclusion of  items under the proposed agenda  up to, but 
not including, the day on which the notice convening the meeting is to be issued. 
"Matters relating to notifications, including  notifications considered at previous 
meetings, can be raised or reverted to in the course of any meeting.  A Member which 
proposes to raise any matter relating to a particular notification in the course of a 
meeting shall give notice of its intention to the notifying Member concerned and the 
Secretariat, together with an outline of its  concerns, as far as possible in advance of 
the meeting." 
6. An airgramme is sent to Members approximately one month prior to each regular meeting, 
with a reminder of the relevant dates.  This airgramme states that: 
Members proposing to raise other matters relevant to the implementation of the 
Agreement, including any matter relating to a particular notification, are requested to 
give notice to the other Member(s) concerned and to the Secretariat, together with an outline of the matter to be raised, as far as po ssible in advance of the meeting, and in 
any case no later than noon on [11 days prior to first day of the regular meeting]. 
7. In practice, when requesting the inclusion of a specific trade concern on the agenda for a 
specific meeting, some Members provide copies to the Secretariat of their correspondence with the 
other Member(s) concerned regarding the inclusi on of the item on the agenda.  In other cases, 
Members provide copies to the other Member(s) con cerned of their request to the Secretariat for 
inclusion of the specific trade con cern on the agenda.  In those cases where it is not apparent that the 
other Member(s) concerned has been duly inform ed, the Secretariat may remind the requesting 
Member of the requirement to inform other concer ned trading partners.  Unfortunately, Members do 
not always provide an outline of their specific concerns. 
8. In many cases, bilateral consultations are schedul ed in the margins of meetings of the SPS 
Committee to discuss the specific concern, and at tim es this has resulted in sufficient progress being 
made towards the resolution of the issue that th e requesting Member may withdraw the item from the 
agenda of the meeting. 
9. During this agenda item, the Chairperson will first give the floor to the Member who is 
raising the specific trade concern, then invite an y other Members who wish to comment on the matter 
to take the floor, before finally giving the fl oor to the Member maintaining the measure.  Any 
Member may also circulate a document which pr ovides more detailed information regarding the 
matter, either in advance of or at the time of th e Committee meeting.  The discussion of the issue is 
summarized in the report of the Committee meeting,  and also included in the subsequent revision of 
the catalogue of specific trade concerns (G/SPS/GEN/204).  
10. A number of specific trade concerns are raised only once, while others may be raised 
repeatedly at meetings of the SPS Committee.  (Som e issues have been raised as many as 15 times.)  
                                                     
 
3 G/SPS/1, paragraphs 2 and 3.  G/SPS/GEN/781 
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  Members are requested to inform the Committee regarding the resolution of any specific trade 
concerns previously raised. 
11. In the context of the Second Review, several proposals were made to improve and increase 
the use of this mechanism for resolving speci fic trade concerns.  Suggestions included: 
(a) providing more time for consideration of sp ecific trade concerns at meetings of the 
Committee;   
(b) establishing specific processes and procedures,  as well as timeframes, to ensure the 
expeditious resolution of trade concerns;   
(c) informing other Members of steps taken and of results;  and  
(d) facilitating the more active participation of developing and least-developed country 
Members.   
12. Another suggestion was to establish a process whereby a Member would first request an 
explanation and justification fo r a measure through Article 5.84, followed by the exchange of 
documents and perhaps questionnaires, and bilateral m eetings.  Should this not resolve the issue, the 
concern could be raised as a specific trade concern in a meeting of the Committee, and if the problem 
persists, the Member concerned may seek the Chairman's good offices. 
III. CONSIDERATION OF SPECIFIC ISSUES 
13. Over the years, the Committee h as included the consideration of specific issues as part of the 
agenda of its regular meetings.  It was thr ough this mechanism that the Committee has addressed 
issues arising from the implementation of certain  provisions of the SPS Agreement, such as 
Article 5.5 (consistency – G/SPS/15), Article 4 (equivalence – G/SPS/19/Rev.2), Article 7 
(transparency – G/SPS/7/Rev.2), Article 10 (special  and differential treatment – G/SPS/35), Article 
12.4 (monitoring the use of international sta ndards – G/SPS/11/Rev.1) and has more recently 
considered the implementation of Article 6 (Regiona lization).  Previous age nda items have included, 
for example, "Risk assessment - general approach and description of actual cases of risk assessment";  "Identification of practices for exchange of in formation";  and "Development and application of 
pesticide limits".  The inclusion of the issue of "Private and commercial standards" is a more recent 
example. 
14. The ability of any Member to suggest that the Committee consider, as part of its agenda, any 
specific issue provides another mechanism for "ad hoc consultations or negotiations among Members 
on specific sanitary or phytosanitary issues", as foreseen in Article 12.2.  Although no formal procedure has been adopted in this regard, a Member  who is interested in including a specific issue on 
the agenda of the next Committee meeting normally  makes the proposal to the Committee, providing 
an explanation or justification for this request .  The requested agenda item is included in the 
provisional agenda for the next meeting, adopted by the Committee at the closure of each meeting.  Frequently the Member(s) who have requested in clusion of a specific trade issue will submit a 
background document to the Committee in advan ce of the meeting at which the issue will be 
considered, to help focus the discussions of the Co mmittee, or the Secretariat may be requested to 
prepare a background document.  The Committee will determine what further action, if any, it will 
take on the specific issue in light of the proposal s of Members and the discussions in the meeting. 
                                                     
 
4 "When a Member has reason to believe that a specific sanitary or phytosanitary measure introduced or 
maintained by another Member is constraining, or has the pot ential to constrain, its exports and the measure is not 
based on the relevant international standards, guidelines  or recommendations, or such standards, guidelines or 
recommendations do not exist, an explanation of the reasons for such sanitary or phytosanitary measure may be 
requested and shall be provided by the Member maintaining the measure." G/SPS/GEN/781 
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  15. Presently, this approach is being used to address a number of the specific issues identified in 
the Second Review of the operation and implementa tion of the SPS Agreement, including the use of 
ad hoc consultations and the re lationship between the SPS Committee and Codex, IPPC and OIE. 
IV. GOOD OFFICES OF THE SPS CHAIRPERSON 
16. The Rules of Procedure for the SPS Committee provide that: 
With respect to any matter which has been raised under the Agreement, the 
Chairperson may, at the request of the Members directly concerned, assist them in dealing with the matter in question.  Th e Chairperson shall normally report to the 
Committee on the general outcome with respect to the matter in question.
5 
17. The "good offices" of the SPS Chairperson have been solicited by Members on three distinct 
occasions.  In 1997, Argentina, Chile, the European Communities, South Africa and Uruguay 
requested the Chairperson's assistan ce with respect to measures rela ting to citrus canker taken by the 
European Communities.  The Eur opean Communities informed the Committee of these consultations 
at its meeting of March 1998 (GEN/204/Rev.7/Add. 3, paras. 99-102).  Most of the Members  
involved in the consultations subsequently informed  the Committee that this issue had been resolved. 
18. In 1998, the "good offices" of the Chairperson and of the Secretariat were requested by the 
United States and by Poland with respect to restrict ions on wheat and oilseeds maintained by Poland.  
At the meeting of the Committee in November 1998, the Chairperson informed the Committee of this 
request and of the consultations which he had organized between th e interested Members regarding 
tolerance levels for weed seed, particularly of the genus Ambrosia  (G/SPS/GEN/204/Rev.7/Add.2, 
paras. 447-448).  The United States and Poland sub sequently reported that this issue had been 
resolved. 
19. In 2001, Canada and India requested that the Secretariat provide "good offices" to facilitate 
discussions with respect to import restrictions on bovine semen maintained by India, due to BSE-
related concerns.  Canada informed the Co mmittee of these consultations in March 2001 
(G/SPS/GEN/204/Rev.7/Add.2, paras. 319-327).  Although Canada and In dia initially reported 
resolution of the problem, Canada subsequently i ndicated that some further difficulties had arisen. 
20. Although no formal procedures have been devel oped regarding the use of the Chairperson's 
(or Secretariat's) "good offices", in these three cases similar procedures have been followed.  First, all 
parties to the issue must agree to request the "good offices".  This re quest can be made informally or 
in writing, directly to the Chairperson or through  the Secretariat.  Secondly, the Chairperson will 
consult with the Members who have made the request  to determine an appropriate time and place for a 
meeting.  These meetings may be he ld at the WTO premises, or elsewhe re if suitable for all involved.  
At the meetings, the Chairperson has requested f actual information from the Members regarding the 
issue at hand, and has suggested possible actions  which the Members may take to resolve the 
problem.  The meetings are informal and the sugg estions of the Chairperson are not binding.  The 
Members are requested to keep the Chairperson informed of any progress that may be made in 
resolving the problem, and may request additional m eetings facilitated by the Chair.  Following the 
consultations, the Chairperson - or the Members i nvolved – inform the Committee, orally, of the use 
of the Chairperson "good offices" and of  progress in resolving the trade problem. 
                                                      
5 G/SPS/1, paragraph 6.  G/SPS/GEN/781 
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  V. ARTICLE 5.8 
21. As noted in paragraph 14 above, it has been suggested that the Committee could elaborate a 
procedure whereby a Member could first request an explanation and justification for a measure 
through Article 5.8, followed by the exchange of documents and perhaps ques tionnaires, and bilateral 
meetings.  Should this not resolve the issue, the c oncern could be raised as a specific trade concern in 
a meeting of the Committee, and if the problem persists, the Member concerned may seek the 
Chairman's good offices. 
22. Article 5.8 provides that: 
When a Member has reason to believe that  a specific sanitary or phytosanitary 
measure introduced or maintained by anot her Member is constraining, or has the 
potential to constrain, its exports and th e measure is not based on the relevant 
international standards, guidelines or reco mmendations, or such standards, guidelines 
or recommendations do not exist, an explana tion of the reasons for such sanitary or 
phytosanitary measure may be requested and shall be provided by the Member 
maintaining the measure. 
23. The Committee has not elaborated any procedure regarding the implementation of Article 5.8, 
and there is no obligation for the Members concerned to inform the Chairperson or the Secretariat of 
their recourse to Article 5.8.  Nonetheless, the S ecretariat has been informed  in several instances by a 
Member that they are soliciting an explanation for a me asure with reference to Article 5.8.  In most of 
these cases, the Member has requested such justification formally, in writing, directly of the Member 
maintaining the measure, and has provided a copy of th is request to the Chairp erson and Secretariat.  
In most of these cases, the responding Member has also provided a copy of their response to the 
Chairperson and Secretariat. 
24. In some cases, the request for justification with reference to Article 5.8 has followed the 
raising of this matter as a specific trade concern in a Committee meeting;  in other cases the Article 5.8 request has preceded the raising of a sp ecific trade concern, or the issue has not been 
brought to the agenda of the SPS Committee. 
VI. CONCLUSIONS 
25. A number of mechanisms exist by which the Committee – or the Chairperson – can facilitate 
ad hoc consultations or nego tiations among Members on specific SPS issues, as provided in 
Article 12.2.  The most commonly used of these mechanisms is the inclusion of specific trade 
concerns on the agenda of the SPS Committee.   
26. The participation of representatives from the Code x, IPPC and OIE in the meetings of the 
Committee also provides an opportunity for technical cl arifications of some issues, or suggestions for 
further actions that may be taken at the technical le vel, including within the context of the work of the 
standard-setting bodies. 
27. The Committee should also be aware that some Members have tabled proposals in the context 
of the Non-Agricultural Market Access negotiations  with regard to procedures for facilitating the 
resolution of non-tariff measures (see TN/MA/W/11/ Add.8, TN/MA/W/68/Add.1 and JOB(07)/57).  
These proposals would establish a procedure wher eby the relevant WTO committee (which might 
include the SPS Committee) would designate a facilita tor (or expert) to assist the Members concerned 
to rapidly resolve problems arising due to a non-tariff measure which prohibits or restricts trade in goods.  These proposals, if eventually adopted by Me mbers, might thus create another mechanism for 
addressing specific SPS trade concerns within the SPS Committee. G/SPS/GEN/781 
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  28. In light of the concerns raised by Members in the context of the Second Review of the 
operation and implementation of th e Agreement, and in light of the experience of Members since 
1995, the Committee may wish to consider whethe r it would be useful to elaborate additional 
mechanisms for addressing specific issues, or whet her the development of more detailed procedures 
for the use of the existing mechanisms is warranted. 
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